President Donald Trump's former acting deputy secretary at the Department of Homeland Security was asked about the oral arguments at the Supreme Court on Thursday concerning birthright citizenship.
Upon entering office, Trump issued an executive order that eliminates some birthright citizenship for babies born to migrants.
The Constitution guarantees that any person born on U.S. soil is a U.S. citizen. Trump's order changed that to bar citizenship to anyone born to a mother who was unlawfully present in the United States and the father was not a U.S. citizen or a lawful permanent resident.
"One of the arguments we heard today was that the administration wants these injunctions to only apply to those plaintiffs that have filed suit in court," CNN host Boris Sanchez asked Cuccinelli. "Does that mean that the government could theoretically, then, enforce executive orders that are later found to be completely illegal, but they still get to implement them, unless the person who is affected by it finds an attorney and files suit? I mean, doesn't that make things —"
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Cuccinelli cut him off, "That is one possible outcome. Yes."
"That seems like a likely one," Sanchez cut in.
"Well, yes, I think it is likely," Cuccinelli said. "The history of litigation in this country is that rulings only apply to the parties. I mean, that is the starting presumption in litigation in the United States of America for 250 years."
Sanchez cut in to ask, "You don't have any weariness about a government enforcing an executive order that could be illegal, that might damage people's lives irreparably? You don't have an issue with that going forward until it winds up at the Supreme Court? If that person can't hire an attorney, if that person is disabled, perhaps they don't realize that they have legal rights or legal recourse. You don't worry about the damage that that can cause?"
Cuccinelli confessed he did have those concerns, but claimed he also has "concerns" about activist courts stymying "a popularly elected president acting, generally within the accepted realm of his authority."
He cited Solicitor General John Sauer, who said in oral arguments that there have been 40 nationwide injunctions against Trump's administration. He implied this was due to judge shopping and said he anticipates that by July, there will be specific rules outlined by the Supreme Court.
See the debate below or at the link here.
- YouTubeyoutu.be
